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Judgement on old rent issue

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Jeter

Member
My question here has 2 parts:

1) My fiance' recently had a judgement placed on her for an old debt to a landlord. The situation was that she had lived in the apt for 7 years and was simply moving out. She had not only kept the apartment in immaculate condition but she layed down a new floor, installed all new fixtures (doorknobs, etc) repainted the apartment and retiled the bathroom. The landlord approved all of these improvements at the time, further stating that the apartment looked much better than when she moved in. A bout a year or so later,she was forced to move out rather quickly due to extenuating circumstances. She gave 2 weeks notice which was as much as she could give. When she moved out the landlord said that they wee renovating all of the apartments and that renovations would take approximately 2 months, so even thouh she was moving out, she would be charged rent for those 2 months of renovations because they couldn't rent out the apt. That was 3 years ago. She was trying to fight it but to no avail. Is that legal?

2) Now there is a judgement against her and a lien on her bank account. She had to call the law firm that it was referred to several times to finally set up an agreed upon amount so they wouldn't levy her account further. An amount was agreed upon and paperwork sent to her with those terms listed. Recently she got a statement that did not reflect that the agreed upon amount was credited. She called the firm and they told her that there is a 10 percent fee (They called it something but I forgot what)for the subpeona and administering the lien on her account. They are also charging her 15% interest on the amount due. None of these things were listed in the paperwork she recieved. Can they do that?

Jeter
 


M

mary hartman

Guest
Of course they can because your Finace is NOT the brightest woman in the world..

First....she did somthing really dumb, she spent HER money on the landlord apartment and NOTHING was in writing!

Second.. she did nto give her 30 day ntoice in writing, she did not do a move out report with the landlord, she DID NOT take any pictures, she did not get a release from the landlord......

Third... Did she break her lease or was she on a month to nmonth lease? M to M then she would only be resonsible for the next months rent if the landlord didnt re rent, but he was rennovating and it is ILLEGAL to charge a former tenant rent while rennovating, repairs YES rennovation NO.

Fourth ...she probably was served with papers and didnt do anything about it. Did she leave a fowarding address with the post office? Did she leave it with the landlord? Did she get an unlisted phone # ?.....Would it have been easy to find her?

Fifth...By agreeing to pay the money and by NOT getting a consultaion with a lawyer to figure out her rights, there is probably NOTHING she can do except pay ALL of it.

Sixth.....The ONLY defense that might work is to sue the former landlord in small claims court, especially if she had to vacate the apartment due to TO A DEATH OR NEAR DEATH OF HER PARENTS, that might be a mitigating excuse not to hold her fully responsible.

Seventh...If she doesnt have the money to pay it off and has NO reciepts NO old leases NO record of any of this.... then Dont marry her....i see trouble ahead!

[Edited by mary hartman on 05-05-2001 at 02:43 PM]
 

Jeter

Member
Please go back and read my questions again, slowly this time. I asked if it was legal to charge for 2 months rent for renovations when she wasn't living there. I think I got your answer on that one.

I also asked if it was legal to add those fees and interest charges when those fees weren't listed on the original paperwork.

1)I don't remember saying that she never took pictures. She did. She has a lot of them.
2) She consulted a lawyer but ran out of $$ to pay absorbatant fees. Otherwise she could have just as well paid the debt.
3) I also never said that she was served with papers and did nothing about it. She tried to work out a payment arrangement..to no avail. They wouldn't accept what she could afford.
4) she did give a forwarding address and considering that she moved 2 blocks away, it's safe to say that it was easy to find her.
5) Her phone # was listed
6) She keeps all of her reciepts, has her old lease and has records of all transactions

I only spoke about her care of the apartment to show that she didn't neglect it.

You grossly overspeculated and gave me a laundry list of remedies to assumptive circumstances without having any idea of what the truth is.
Interesting how from 2 simple questions you can summize a person's entire character.

Please, in the future, get the facts before making insulting remarks about people. Based upon your extensive, incredibly negative and presumptive dissertation, I can't imagine (thank God) what it must be like to be married to you either.

Anyone who can address my question, please feel free. I don't need advice on my relationship. Thanks.

Jeter


 
D

dj1

Guest
No it is Illegal to charge a tenant rent while the apartment is being rennovated.

So why didnt she just sue the landlord in small claims court?

If she has all her paperwork, then what is the problem?

Sue the landlord and get a judgment against him equal to the judgment against you.

You just cant get a judgment against someone they have to be served and someone has to accept service, did she sign for any certified letters?

Its possible the landlord or a friend FORGED her signiture on the certifed reciept then went into court and got a default judgment against her.

I would supeona the process server, or find out who served the papers..it cant be a party to the action.

And go to the court house in which it was filed , find the records room and make a copy of the judgement and all papers....

She had to know something....

Because most process server have to make 3 attempts at differnt times of the day to serve someone, then they can nail it to the door, and send it by regular and certifed mail and it must be fowarded....

SO something is wrong here.
 

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